Mentha, in the matter of Hans Continental Smallgoods Pty Ltd (Administrators Appointed) (No 2) [2009] FCA 255
The Court is satisfied it has the power under section 447A of the Corporations Act 2001 (Cth) to extend the convening period for the meetings of creditors for the companies and therefore grants the extension and related orders.
- Jurisdiction
- Australia
- Judgment Date
- 20 March 2009
- Procedural Posture
- Corporations Administration / Application for Extension of Convening Period and Related Orders
- Outcome
- Application granted
- Legal Topics
- ['administration' 'creditors Meeting' 'extension of Convening Period']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Corporations Administration / Application for Extension of Convening Period and Related Orders
Legal Issues
- 1 ['Whether the convening period for the meeting of creditors should be further extended under the Corporations Act 2001 (Cth)' 'Whether the Court has power to make such extension under section 447A of the Act']
Ratio Decidendi
The Court is satisfied it has the power under section 447A of the Corporations Act 2001 (Cth) to extend the convening period for the meetings of creditors for the companies and therefore grants the extension and related orders.
Court Disposition
Application granted
Orders
- ['The Interlocutory Process be made returnable instanter.' 'Leave granted to file in Court the affidavit of Brian Keith McMaster affirmed on 19 March 2009.' 'Confidential Exhibit BMK-4 to the affidavit of Brian Keith McMaster is to be confidential and no access granted without Court order.' 'Extension of convening...
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